Mediation

Alternate Dispute Resolution

The Office of Adjudication provides mandatory and voluntary mediation services, and informal conferences, in litigated workers' compensation cases. Workers' compensation judges provide these services at no cost to the parties.

Mediation can provide the parties with several advantages over litigating a case to decision. These include:

Saving time, money and the stress of litigation

Informality

Improved communication between the parties

More predictable results

A greater measure of control over the outcome

Finality

Mediation also can assist the parties with narrowing issues, and streamlining litigation.

MANDATORY MEDIATION

Whenever a party files a petition with the Office of Adjudication,at the first hearing, the judge hearing the petition will arrange for mediation. This mediation is mandatory unless the judge concludes that it would be futile.

Certain Judges’ offices have published mandatory mediation procedures unique to those offices. Click on the links below to view those procedures:

VOLUNTARY MEDIATION

The parties may request voluntary mediation, even if the claim is not in litigation or they did not reach an agreement at a prior mediation.

Certain judges conduct voluntary mediations as their schedules permit. Procedures are available on judges' links here. Once both parties agree on the judge they would like to conduct the mediation, they should submit a Request for voluntary mediation made through the Request tab in WCAIS. Instructions are available in the WCAIS How-To Guide labeled "Submit a WCOA Request."

If you would like more information, contact the attorney representing you in your workers’ compensation case. If you do not have an attorney, contact the office of the adjudicating judge.